Kyron Hinton, the Raleigh man who was beaten by officers during arrest, files civil suit against state
Kyron Hinton, the Raleigh man being beaten by law enforcement officers in videos that went viral, is now suing the North Carolina Department of Public Safety, saying the Highway Patrol's negligence led to the beating.
The lawsuit does not ask for specific damages but says they "...include but are not limited to physical injuries, loss of wages, pain and suffering and mental anguish."
The suit was filed Tuesday with the North Carolina Industrial Commission which has jurisdiction for civil lawsuits filed against the state.
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In the pleading, Hinton's civil attorney reiterates many of the allegations made in criminal court against former state troopers Michael Blake and Tabithia Davis.
The Hinton encounter took place on April 3 on Raleigh Boulevard.
According to the lawsuit, one trooper and three Raleigh police officers who were first on the scene had determined that Hinton was not armed and was not a threat.
Several motorists had called 911 to say that Hinton was standing in the turn lane yelling and holding a gun.
Hinton admits he was intoxicated and upset after losing his money at a nearby sweepstakes parlor but maintains the two troopers and a Wake County sheriff's deputy used excessive force.
The process for filing a suit against the sheriff's office is different than the procedure for filing against the state.
It's not clear at this point whether Hinton will file against the sheriff's department even though the current civil suit names the deputy involved, Cameron Broadwell.
In the video, you can see officers setting up a perimeter around Hinton when Broadwell arrives on the scene with his K-9 and quickly sics the dog on Hinton.
At the same time, Broadwell swings his forearm into Hinton's head knocking Hinton to the ground.
Other officers then crowd around Hinton and one can be heard yelling to hit Hinton in the head with flashlights.
According to the lawsuit the person yelling the commands is trooper Blake.
Hinton's attorneys say the Highway Patrol should have known Blake had a propensity for violence and excessive force because of numerous past complaints and a suspension.
The lawsuit also claims that trooper Davis "...repeatedly struck Plaintiff (Hinton) in the head with the flashlight to the point that it became covered in Plaintiff's blood."
It also says, "Trooper Blake repeatedly punched the plaintiff and admitted to kicking him in the ribs."
Both Blake and Davis have been fired by the highway patrol.
Blake's attorney sent the following statement to ABC11 on Tuesday:
Mike Blake was one of several law enforcement officers that assisted Deputy Cameron Broadwell in detaining Kyron Hinton on April 3, 2018. 911 calls indicated that Mr. Hinton was in the middle of the roadway, possibly with a gun, and clearly at risk for being hit by a vehicle.
Mike served in law enforcement for 15 years and is a military veteran who fought for the United States in Kosovo and Afghanistan. He is a father and husband who was terminated from his job before this case was thoroughly investigated. Mike looks forward to confronting the allegations against him in court and is pleading not guilty
The Department of Public Safety declined to comment on pending legal action.
